Tim Elliot: Hello. This is Lawgical, the U.A.E.’s first legal podcast. Lawgical comes to you from the Dubai-based law firm, HPL Yamalova & Plewka. I’m Tim Elliot, socially distanced in these COVID times on the 18th floor at Dubai’s JLT, Jumeirah Lakes Towers District at the firm’s offices, and I’m with the firm’s Managing Partner, Ludmila Yamalova. Great to see you.
Ludmila Yamalova: Lovely to see you, Tim.
Tim Elliot: In this edition of Lawgical, we’re going to be looking at legal attitudes to drugs and mind-altering substances here in the United Arab Emirates. Now, Ludmila, let me start with a statement, and correct me if I’m wrong, the U.A.E. has obviously very strict regulations and laws when it comes to mind-altering substances and drugs, but the general approach has always been that drugs are illegal, and this includes anything from possession, consumption, manufacturing, trading, and the like. Is that the correct position?
Ludmila Yamalova: That is correct. The U.A.E.’s approach to drugs is unequivocal and quite stringent.
Tim Elliot: Right.
Ludmila Yamalova: There are a number of regulations that set up a very specific framework for what is allowed and not allowed in the U.A.E. and the penalties associated with it. In particular, there was a law introduced back in 1995, and that is Law Number 14 on fighting drugs and mind-altering substances, so, from way back when. Since then, there have also been a number of amendments. One particular amendment is the Federal Degree Number 8 of 2016 that further elaborates on the U.A.E.’s stance on consumption and other type of use of drugs. Once again, the overall approach is that drugs are illegal, and the penalties can be quite severe and result in anything from a jail sentence to a fine and deportation, or all three in most cases.
Tim Elliot: Talk me through, if you could, or outline the legal framework from 1995, Law Number 14 as you mentioned, but also the amendment in 2016.
Ludmila Yamalova: In short, as per these laws, and there are a few other laws that relate to this particular legal area, but (1) drugs are illegal, and (2) the laws set out or specify certain kinds of drugs and also a process for the authorities to perhaps add additional drugs to the list or clarify or remove perhaps certain kinds of drugs off the list. More importantly, it sets out that any kind, in terms of the activities, that are considered to be illegal, and that is consumption, possession, manufacturing, or trading, or selling obviously. The penalties that are associated with anyone’s activities differ depending on the activities.
With regard to what drugs are considered to be illegal, the U.A.E. publishes a number of schedules of specific drugs that are considered to be illegal. Importantly, this is not just your recreational type of drugs. A lot of the drugs on those lists are also medicinal drugs that perhaps in other countries can be purchased as part of medical treatment and are available, maybe not so much over the counter, but more or less available broadly.
In the U.A.E. a lot of medicinal drugs also are considered to be banned substances, and they are included on those schedules. I use the plural of schedules because there are a number of schedules of these banned substances or drugs, and they are published and updated from time to time. But in relevant terms, those schedules do include specific references, for example, cannabis or marijuana. Perhaps as ubiquitous as these drugs are in other countries, in the U.A.E. they are specifically and expressly forbidden and are punishable quite seriously.
Tim Elliot: It’s worth reiterating, isn’t it? Certain prescription drugs are very, very strictly controlled here in the Emirates.
Ludmila Yamalova: For sure, and that is why if anyone particular, perhaps that is going through some sort of treatment, medical treatment, or relies on prescriptions heavily, prior to coming to the U.A.E. and packing their little toiletry back of prescription drugs, they should really refer to these schedules to ensure that these particular drugs are not banned in the country. As is the case in any other country, ignorance of the law in the U.A.E. is no excuse. Therefore, even if you do travel into the country with these substances that are on the list and are considered to be banned, then just because you did not know about it and because they are prescription drugs, it does not necessarily excuse you. Now the penalties could be reduced, for example, but there will be a formal process. There will be a court case, for example, where you could present your medical prescriptions and then your medical plan from your hospital or doctors from your home country showing that you were not really trying to just deal with illegal drugs, but really these drugs or these prescription medications are part of your treatment and therefore penalties could be reduced.
But in terms of the penalties, they vary. If it’s consumption and possession of drugs, depending on the extent of both, possession or consumption, the penalty can be anything between 6 months in prison to 4 years in prison, plus a fine, a fine of anything from 10,000 dirhams and up, or deportation. This is for consumption/possession. Deportation perhaps is these days a little less of a default penalty, but certainly a jail sentence and a fine are to be expected. But deportation could be waived in these kinds of cases.
Now, if it is importation or manufacturing and production or any kind of selling or trading of drugs, the penalties are a lot more severe. They can range anywhere between 7 to 10 years in prison to a fine of 50,000 to 500,000 dirhams. And in all cases, there will be a deportation.
What’s important to highlight is the line between consumption and possession and what may be considered as trading or importation can be quite fine. For example, if you receive a package from abroad that contains some illegal substances, even if they’re some kind of cigarettes or e-cigarettes that contain substances that are banned in the U.A.E., the fact that you received that package, depending on obviously the circumstances behind it, it can be qualified. That act can be qualified as the importation the drugs, and therefore the penalties can be a lot more severe. You just make sure that if you are perhaps a recreational user, that this is not one area that you want to experiment in this country because as part of the proceedings there will be a criminal case filed and your passports either will be seized or your name will be added to the travel ban and you will not be able to leave the country until these proceedings have been finalized. It is certainly an area of law that is very strictly regulated in the country.
Tim Elliot: One thing that I guess has developed is the attitude to drug rehabilitation. Things are changing in that area. The way drug use and I guess addiction is viewed has changed dramatically.
Ludmila Yamalova: Indeed. There was another law that was introduced not long ago, back in 2019, and that is Federal Law Number 5 regarding rehabilitation centers. This particular law introduces the concept of rehabilitation centers and also (1) sets out a legal framework for anyone who wants to seek rehabilitation as mitigating circumstances in terms of perhaps judicial proceedings, and (2) sets out specific rehabilitation centers and the authority for judges now to, instead of perhaps a jail sentence and other kinds of fines, the penalty can be a commitment to these government rehabilitation centers. That is quite groundbreaking because it certainly now allows people as much as the users, but also the judges themselves, to choose rehabilitation in certain cases as a way forward. Therefore, as you said, rightfully, although the U.A.E.’s stance on drugs is very strict, the introduction of these kinds of facilities also acknowledges perhaps the fallible human nature of a lot of people who fall for or are victims of this particular affliction and so therefore, if you don’t want to be considered a criminal for the rest of your life, there are now facilities that allow for people to have themselves committed for treatment and as part of this, importantly, is those who commit themselves voluntarily or if the judges commits someone to treatment at a facility, they will not have a criminal record, and that’s quite important.
Tim Elliot: That’s a very important point to remember actually, an important point to make.
Ludmila Yamalova: For sure, because in the past it was all considered to be criminal, so therefore even if you turned yourself in, then there wasn’t really much of a reprieve. But now, this is quite groundbreaking. If you do have this kind of a condition and you need assistance, you realize that, and you agree to seek medical help, then you will not have a criminal record which is quite huge because that means you still have a life, hopefully a healthy and prosperous life to lead.
Tim Elliot: That’s another edition of Lawgical, looking at legal attitudes to drugs and mind-altering substances here in the United Arab Emirates. As always, our legal expert on Lawgical was Ludmila Yamalova, the Managing Partner here at Yamalova & Plewka. Once again, thank you.
Ludmila Yamalova: As always, a pleasure talking to you, Tim.
Tim Elliot: If you have a legal question you need answered in a future episode of Lawgical, or if you like a consultation with a qualified U.A.E. experienced legal professional, just head to LYLawyers.com and click on Contact.
